Violent Crimes

Violent Crime Lawyers in Fort Collins, CO

Strategic Defense Firm Serving Colorado Since 1991

An arrest or active criminal investigation for a violent crime is a life-altering emergency. Unlike property or traffic matters, allegations involving violence, weapons, or physical injury mobilize the full power of law enforcement agencies and District Attorney offices.

Prosecutors approach violent crime files aggressively, often seeking immediate high-dollar cash bonds, strict protection orders that remove you from your home, and mandatory state prison sentences.

At Roselle & Breitigam, P.C., we understand the immense pressure, fear, and uncertainty our clients face in these situations. A violent crime charge does not mean you are guilty, nor does it mean the state's initial narrative is accurate.

Self-defense, mutual combat, false accusations, misidentification, and exaggerated claims occur frequently in high-stress altercations. As former Deputy District Attorneys with over 65 years of combined criminal law experience, our criminal defense lawyers know how local prosecutors construct violent crime cases and how to challenge them at every turn.

Take the first step with a free initial in-office or virtual consultation with a Fort Collins violent crime attorney. Call (970) 238-7900 or reach us online to get started.

Aggressive Defense Strategy to Fight Violent Crime Charges

When your freedom is on the line, passive defense strategies are not an option. We take immediate, proactive steps to insulate you from law enforcement, scrutinize the prosecution’s evidence, and build a defense tailored to your case:

Immediate protection and pre-file intervention - If police officers or investigators want to interview you, we intervene immediately to enforce your Constitutional right to remain silent. We handle all communications with law enforcement to prevent self-incrimination and, where possible, present beneficial evidence directly to prosecutors before formal charging decisions are finalized.
Emergency bond and mandatory restraining order hearings - A violent crime arrest automatically triggers a mandatory protection order that can bar you from your home, contact with loved ones, or your place of work. We represent you at initial advisements to argue for reasonable bond terms and seek modifications to restrictive protection orders.
Establishing affirmative defenses - Under Colorado law (C.R.S. § 18-1-704), you have the legal right to use reasonable physical force to defend yourself or another person from what you reasonably believe to be the use or imminent use of unlawful physical force. We gather physical evidence, 911 audio recordings, and witness statements to establish lawful self-defense early in litigation.
Independent forensic and crime-scene investigation - We don’t rely on police summaries or selective body-cam clips. Our legal team examines surveillance footage, medical records, blood spatter analysis, ballistics reports, and digital communications to expose inconsistencies in witness testimony and law enforcement conclusions.
Aggressive litigation and trial readiness - Because local prosecutors know our firm prepares every violent-crime file for trial, we negotiate from a position of strength. We fight to secure dismissals of charges, reductions to non-violent offenses, or complete acquittals at trial.

Violent Crime Offenses We Defend in Colorado

Our firm handles the full spectrum of violent crime allegations, both misdemeanor and felony.

Assault and battery: Defending first-degree assault (deadly weapon or serious bodily injury), and second-degree and third-degree assault.
Menacing: Allegations of knowingly placing or attempting to place another person in fear of imminent serious bodily injury by threat or physical action (charged as a felony if a deadly weapon is used or simulated).
Robbery and aggravated robbery: Taking property from another person by use of force, threats, or intimidation, including allegations involving firearms or dangerous weapons.
Homicide and manslaughter: Defense against severe felony charges, including first-degree and second-degree murder, manslaughter, and criminal negligence homicide.
First-degree and second-degree kidnapping and false imprisonment: Unlawfully seizing, confining, or moving another person without their consent.
Domestic violence enhancements: Violent crime allegations occurring between current or former intimate partners trigger mandatory arrest protocols and enhanced statutory sentencing requirements.

Colorado’s Crime of Violence Sentencing Enhancements

In Colorado, facing a violent offense is made significantly more complex by the state's crime of violence (COV) enhancement statute.

If prosecutors file a crime of violence sentence enhancer alongside an underlying felony charge, it dramatically changes the sentencing landscape:

Mandatory Department of Corrections (DOC) prison sentences - A COV conviction removes probation or community corrections as legal options for the judge. A state prison sentence becomes statutorily mandatory.
Enhanced prison ranges - The judge must sentence the defendant to a term of incarceration at least at the midpoint of the presumptive felony range, up to twice the maximum presumptive sentence.
Triggers for COV enhancements - COV enhancements apply to specific felonies (such as 1st/2nd degree assault, aggravated robbery, kidnapping, or murder) where the defendant used or threatened the use of a deadly weapon, or caused serious bodily injury or death.

Colorado Violent Crime & Felony Penalties Overview

Class 1 felony: Standard presumptive sentence is life imprisonment without the possibility of parole. The sentence for the crime of violence is life imprisonment without parole.
Class 2 felony: Standard presumptive sentence is eight to 24 years in prison. The mandatory sentence for a crime of violence is 16 to 48 years. Mandatory parole is for five years.
Class 3 felony: Standard presumptive sentence is four to 12 years in prison. The crime of violence carries a mandatory sentence of 10 to 32 years. Mandatory parole is for five years.
Class 4 felony: Standard presumptive sentence is two to six years in prison. The mandatory sentence for a crime of violence is five to 12 years. Mandatory parole is for three years.
Class 5 felony: Standard presumptive sentence is one to three years in prison. The mandatory sentence for a crime of violence is two and one-half to six years. Mandatory parole is for two years.
Class 6 felony: Standard presumptive sentence is one to one and a half years in prison. A crime of violence mandatory sentence is 15 months to three years (if enhancement applies). Mandatory parole is for one year.

Under C.R.S. § 18-1.3-406, a "Crime of Violence" designation removes probation or community corrections as options, requiring mandatory incarceration in state prison at a range from at least the midpoint of the standard range up to twice the maximum.

Essential Constitutional Rights When Arrested for a Violent Crime

If you or a loved one is accused of a violent crime, keeping these fundamental constitutional principles in mind is essential to protecting your defense:

You have the right to remain silent - Police interrogators are trained to build rapport and encourage you to tell "your side of the story." In violent crime investigations, statements made without legal counsel present are almost always used to support the state's charges. Explicitly state: "I am invoking my right to remain silent, and I want an attorney."
You have the right to refuse search warrants - Unless law enforcement officers possess a signed judicial search warrant, you are not legally required to consent to a search of your person, vehicle, phone, or home.
Do not discuss your case on jail phones - All phone calls made from county detention facilities (except direct communications with your legal counsel) are recorded and monitored by law enforcement and prosecutors.

Protect Your Liberty with Help from Roselle & Breitigam, P.C.

Facing a violent crime allegation is overwhelming. These cases are too serious to depend on overworked and understaffed public defenders. Partnering with a trial-tested defense team gives you the benefit of an aggressive strategy focused on protecting your rights, reputation, and freedom.

Whether your defense centers on self-defense, challenging witness credibility, or exposing flaws in forensic evidence, taking action early gives you the best foundation when confronting District Attorney charges.

Our Fort Collins violent crime defense attorneys offer nonjudgmental counsel, an honest assessment of your legal position, and a trial-tested team with extensive criminal law experience and a strong track record.

If you are under a criminal investigation or have been arrested for a violent crime, call (970) 238-7900 or connect with us online today for a free initial consultation.

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